Questions Answered by Eric Ridley

Q: I never received a copy of the signed vehicle agreement after I already took possession of the car. Can I return the car

1 Answer | Asked in Consumer Law for California on
Answered on Feb 4, 2011
Eric Ridley's answer
While you should have received a copy of the contract, you were bound once you signed the agreement. You may have other valid reasons for rescinding your purchase. If you think you do, you should speak with an attorney.

Q: Is a signed vehicle agreement contract bound if I took possession of the vehicle but did not receive the a copy?

1 Answer | Asked in Consumer Law for California on
Answered on Feb 4, 2011
Eric Ridley's answer
While you should have received a copy of the contract, you were bound once you signed the agreement.

Q: I have a secondhand dealer licence in california. I bought $24,000 worth of coins (not tangible property) for $6000. The

2 Answers | Asked in Contracts for California on
Answered on Feb 3, 2011
Eric Ridley's answer
It sounds like you may have bought these coins with the knowledge that they were worth far more than you were paying him for them. If so, he may have a right to sue you for recission of the contract. If you took advantage of him because of your superior knowledge of the coins, you're very likely to be required by a court to unwind the transaction.

Q: What can i do to get a car repossession off of my credit score?

1 Answer | Asked in Collections for California on
Answered on Feb 3, 2011
Eric Ridley's answer
Not much, unfortunately. Derogatory entries will remain for a period of 7 years (10 years for bankruptcies). If there is an error, you can challenge the accuracy of the entry, and the reporting agency has to verify the entry within a short time period, or remove it.

Q: I am permanently and totally disabled, and insolvent. Are liens against my forclosed property dischargable in BK?

1 Answer | Asked in Bankruptcy for California on
Answered on Jan 30, 2011
Eric Ridley's answer
In general, if the lien was secured by the property, then it is dischargeable to the extent that the property is no longer available. If you like, please call me and I can explain in more detail.

Q: I would like to legally change my sons last name from his fathers to mine. What is the cost of and what do I have to do?

2 Answers | Asked in Family Law for California on
Answered on Jan 30, 2011
Eric Ridley's answer
Do you have a court order terminating the father's parental rights? Even though he has been absent, before you proceed, you should get a court to award you full physical and legal custody. Once you've done so, changing a name is simple and inexpensive, and you can do it without an attorney.

Q: Am i still liable for child support if the child was a result of my husband having an affair with another woman

3 Answers | Asked in Family Law and Child Support for California on
Answered on Jan 30, 2011
Eric Ridley's answer
Are you saying you have no biological relationship to the child? If so, have you been raising the child as part of your family? If that's the case, a court might still order you to pay support. If you never acted in any parental capacity towards the child, and the child is not yours by biology, then probably not.

Q: What happens if a spouse has removed me from a business in which I'm a board member on without my knowledge?

2 Answers | Asked in Business Law for California on
Answered on Jan 30, 2011
Eric Ridley's answer
Well, in the first place it sounds like you and your spouse have larger issues to work out. That aside, how were you removed from the board without a board meeting and a vote? This should not happen, absent some irregularity.

The question then becomes whether it's worth litigating the issue or not.If you have any relationship remaining with your spouse, litigation will destroy it. You really need to provide more details, or call me to discuss.

Q: Is there away to pull up a bankruptcy file online?

1 Answer | Asked in Bankruptcy for California on
Answered on Jan 30, 2011
Eric Ridley's answer
Yes there is. You can pull any bankruptcy records from the PACER system, which is run by the federal government. You will need to register and provide a credit card number, but PACER costs are very inexpensive. http://www.pacer.gov

Q: What does this mean to me

1 Answer | Asked in Bankruptcy for California on
Answered on Jan 30, 2011
Eric Ridley's answer
It means that one of your creditors is requesting that the Court permit them to continue collecting on your debt to them, in spite of your bankruptcy proceeding. You should immediately check with a bankruptcy attorney for your options.

Q: Would late fees that are higher than value of vehicle be considered "erroneous"? VC 42231

1 Answer | Asked in Consumer Law for California on
Answered on Jan 27, 2011
Eric Ridley's answer
Not likely. Since the late fees would not have been due had the initial fees been paid on time, they are merely a penalty.

Q: If both names are on a car registration and 19year old suspended license and the other 17 non-licensed who has rights

1 Answer | Asked in Traffic Tickets for California on
Answered on Jan 27, 2011
Eric Ridley's answer
The fact that the 19-year old has a license suspension isn't relevant to what they own or to what they owe. You can own a car without having the right to drive it.

Q: I THINK I need a BKR lawyer for an adversary proceediing. In the SF Bay area.

2 Answers | Asked in Bankruptcy for California on
Answered on Jan 27, 2011
Eric Ridley's answer
Do you mean you've been served with an adversary proceeding, or you are in BK and you think you need to open an adversary proceeding? You should get in touch with a BK lawyer near you.

Q: 20 year old bench warrent - please review additional details

1 Answer | Asked in DUI / DWI for California on
Answered on Jan 27, 2011
Eric Ridley's answer
A 20-year old warrant is as valid as a 1 month old warrant, in the eyes of the Court. The person involved needs to contact an attorney right away to untangle this mess before it becomes worse. If their mental health would be jeopardized by incarceration, an attorney will bring that to the attention of the Court, along with the other mitigating circumstances.

Without knowing more details, it's not fair to speculate as to whether fines or jail time might apply. Your attorney will do his...

Q: How do I obtain a license to manufacture and sell hard cider to local business in small quantities in California?

1 Answer | Asked in Business Law for California on
Answered on Jan 27, 2011
Eric Ridley's answer
Contact the Alcoholic Beverage Control Board at http://www.abc.ca.gov/ and get their guidelines for this limited use.

Q: CAn the charge of selling liquor without a license affect my credit profile (can i buy a house through bank)

1 Answer | Asked in Consumer Law for California on
Answered on Jan 27, 2011
Eric Ridley's answer
While a conviction might (I stress *might*) appear on your credit report, a charge by itself is not likely to appear.

Q: Is a gym allowed to raise monthly rates on a membership contract in CA without written notiication?

1 Answer | Asked in Consumer Law for California on
Answered on Jan 25, 2011
Eric Ridley's answer
If the contract provides for rate increases with notice provided on a website, often that is acceptable (not cool, but acceptable).

Q: How do I know if this call is fake or true? I did nothing wrong but they said I did.

1 Answer | Asked in Consumer Law for California on
Answered on Jan 25, 2011
Eric Ridley's answer
Unless you have been served with a complaint by a process server, you are most likely not required to appear anywhere. They are trying to strong-arm you. Make copies of all of the relevant paperwork and mail it to their corporate offices, certified mail, return receipt requested. Usually that will clear up your problem. If you have been served with a complaint, you need to discuss your situation with an attorney immediately.

Q: How do i sue a autobody shop for taking over a year to fix my car and lost wages due to them having it still

1 Answer | Asked in Consumer Law for California on
Answered on Jan 25, 2011
Eric Ridley's answer
You can file an action in small claims court, if the total amount you believe you lost is less than the maximum permitted in your jurisdiction. However, you must also send the shop a letter first, demanding the return of your vehicle.

If the amount you have lost exceeds the small court maximum, you should contact an attorney who does civil litigation and get a consultation from him or her.

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